In addition, the Service Provider shall not be held liable for any interruption of Services, being established that the supply of Services depends on the reliability, the availability and the continuity of connections provided by third parties and on external causes telecommunications network operators, public internet, Client's equipment, etc.
It is also established that the Service Provider cannot guarantee to Client that there are no threats, breaks or network security vulnerabilities. The Client shall adopt a civil and reasonable behaviour throughout the Journey, in order not to prejudice its proper and safe execution. Passengers, adults and children, are required to fasten their seatbelt and shall refrain from any actions in violation of the road traffic code or that may endanger the vehicle, its occupants or third parties.
Passengers will assume full responsibility, under the law, if fines are imposed to those caught in default during a control by the authorities. Kapten and all elements that integrate the Application or the Website, including, but not limited to, trademarks, logos, photographs, programs, data, databases, animated or static images, sounds, drawings, graphics, videos or texts and other elements not related to links to third party's websites "Intellectual Property Rights" are the property of the Service Provider, as the case may be, or are covered by a license issued in Service Provider's own benefit by any holder of intellectual property rights.
All these elements are subject to the provisions of the applicable intellectual property laws in force and, as such, are, thereby, protected against any unauthorised use by law or by these GTCU, otherwise, in case of noncompliance, the infringer shall be legally and judicially responsible. Using Kapten Services does not confer the right to any licence or assignment of the rights inherent to Kapten elements, except as expressly stipulated in these GTCU.
The rights granted to the Client by Service Provider constitute a mere authorisation for lawful use and do not imply, in any case, an assignment of the Intellectual Property Rights related to the elements of Kapten. The Client will be informed by the Service Provider of such modifications. The Client's obligations, as well as those of the Service Provider, may be suspended in case of force majeure event, in accordance with these GTCU.rtc.stagcms.com/project-beta-the-story-of-paul-bennewitz.php
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In the case of a force majeure event that lasts more than 30 days, the Client's account may be closed. In this latter situation, neither the Client nor the Service Provider can claim any financial compensation. The Client hereby declares to give prior approval to the assignment by the Service Provider to any third parties, in case the Service Provider assigns its position to third parties. The Client acknowledges that the information delivered by electronic means, including the acceptance of the present GTCU, are valid and bind the Client and the Service Provider, provided that no contradictory written document is produced, which affects the electronic information in question.
The Client further acknowledges that any document submitted in the context of the use of Kapten constitutes documentary evidence, as any email message exchanged between the Service Provider and the Client. The Order of the Provision requires the prior creation of a Client account, requested at Client's cost-free installation of the Application on the mobile phone.
Upon registration, the Client chooses a login ID and a password, which are personal, confidential, and not accessible by third parties. Creating a secure password is an essential condition for Client's account protection.
The Client shall choose a password in according with the safety standards of Service Provider, requesting alphanumeric characters, composed by at least 8 characters, containing 3 of the 4 types of the special characters uppercase letters, lowercase letters, numbers and special characters , which will be supported by a complementary security measure.
For any payment required to complete a Journey, Client must insert at least one payment method and might have the possibility to insert several. The creation of the Client account can be validated only after the express acceptance of these GTCU by the Client, who hereby declares that he has taken notice of them and accepts them without reservations. The Client may request at any time, free of charge, to cease receiving any communication by email by unsubscribing through the cancellation link at the bottom of the page received from Service Provider.
Any Order placed under the login ID and the password of the Client is deemed to have been made by the Client. As a result, the price of any Order originated from Client's account will be invoiced and debited from the associated bank account. With the activation of the GPS geolocation function of Kapten, the Driver can determine accurately the place of departure and find the Client much more easily.
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In the absence of such information, Transcovo will not be able to provide their Service. Data can also be used to send promotional offers, for statistical and anti-fraud purposes, for its legitimate business development, technical improvement of its systems and the knowledge of its customers and finally, where appropriate with the Customer's consent, to personalize the Services, in particular by means of advertisements. The Customer's data is kept for the duration of the commercial relationship that binds them to Transcovo SAS and, beyond, for a period of 3 years for commercial purposes, as well as for proof and accounting purposes, for a period not exceeding the applicable legal limitation periods.
It can also set guidelines on the fate of its personal data in the event of death. These rights can be exercised directly with Transcovo SAS by email at: serviceclient kapten. To place an Order, the Client shall be connected to the Application, by introducing the login ID and password. This date must be between 30 minutes and 30 days depending on the Area of Operation of the place of pick-up. The Client shall fill in the various fields relating to the requested Journey: place of departure, eventually, place of destination, and means of payment.
In case of failure to provide the place of departure, and, when applicable, the means of payment, the Order cannot be processed. The Service Provider proposes a price in order to carry out the requested Journey, with its calculation formula, including the intermediation rate applied.
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Client is free to accept or to refuse the offer proposed by the Service Provider. The Service Provider transmits the Order's elements to the Driver that accepts it. In the event of wait by the Driver, waiting charges, the amount of which is determined in Article In case of no-show of the Client, the Driver is deemed free to leave after a waiting period of 10 minutes after the sending of the SMS.
A cancellation fee, the amount of which is determined in Article Upon receipt of the Client's request, the Service Provider undertakes to make an offer indicating the price of the Journey. A pop-up window will be shown on the mobile device or computer, with the Driver's name and surname, rating and photograph, as well as the brand and the model. The arrival time provided by the Service Provider is estimated and based on standard times, and the Service Provider shall be exempt from any liability in respect thereof.
Client may cancel the Immediate Order without charge as long as this cancellation occurs in less than 3 minutes upon the Order's validation by Client. The Client may cancel the Advance Reservation at no charge, as long as this cancellation is made at least 25 minutes before the starting time of the reserved time-slot. Once the deadlines defined in Article The Advance Reservation will be considered cancelled if the Client is in the process of a Journey less than 30 minutes before the starting time of the reserved time-slot.
If a case of force majeure event, as defined in Article 4. If the Client is considered unapt as defined in Article The rate is quoted including VAT at the current legal rate. The price of the Journey is announced in advance and rates may take into account the distance to travel, the duration of the Journey, the type of car, and the time of day.
The Free Journey is calculated based on a base price, billed according to the time and the distance travelled, which will be indicated in the Application VAT included. Gratuities are optional and left at the sole discretion of the Client and may be given by the Client to the Driver once the Journey is completed.
Within the scope of the intermediation service provided between Clients and PHV operators, the Application provides an electronic tool for the Client to securely pay Gratuities to the Driver. The Gratuities are exclusively inserted in the relationship between the Client and the Driver. No commission will be charged by the Service Provider on the Gratuities received by the Driver. These fees will be invoiced to the Client if the cancellation of the Immediate Order by the Client takes place latter than 3 minutes after acceptance of the validation of the Order, as detailed in Article The first 3 minutes of waiting are free.
VAT per minute. Waiting charges may be added to the cancellation fee if the cancellation occurs latter than 3 minutes after the Driver's presence at the pick-up place for the Immediate Order. All payments are made through the electronic payment method used by Client. Kapten will act as collection agent of the Driver. A surcharge coefficient to the rates defined in Article 15 for certain geographical areas during exceptional peaks of orders may be applied. This intends to guarantee the Client an optimal availability of Drivers at all time.
Kapten informs the Client of those coefficients at the time of booking. These coefficients may apply to:.
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